Legal Opinion · Dissent

Richard E. Jacobs Group, Inc. v. White

Kentucky Supreme Court

Decided June 15, 2006No. 2005-SC-0695-WC, 2005-SC-0696-WCPublished

1Dissent

ROACH, Dissenting Justice.

Because the majority opinion has twisted the plain language of KRS 342.0011(1) beyond recognition, I respectfully dissent.

The result in this case hinges on a pure question of statutory interpretation. To be sure, the claimant is a brave and honorable police officer who has suffered injuries sustained in the admirable performance of his duties to protect the public. But our sympathy for this officer cannot override our duty to apply the law as it is written. Likewise, our outcome should not depend on whether this Court believes an employee suffering from work-related…

2Cases cited5 opinions

  1. Lexington-Fayette Urban County Government v. WestKentucky Supreme Court · 2001
  2. McCowan v. Matsushita Appliance Co.Kentucky Supreme Court · 2002
  3. Knott County Nursing Home v. WallenKentucky Supreme Court · 2002
  4. Coleman v. Emily Enterprises, Inc.Kentucky Supreme Court · 2001
  5. Ryan's Family Steakhouse v. ThomassonKentucky Supreme Court · 2002

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